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LOPES v. PEABODY

417 Mass. 299 (1994)

629 N.E.2d 1312

AMERICO LOPES, trustee vs. CITY OF PEABODY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 1994.

Attorney(s) appearing for the Case

Nicholas J. Decoulos for the plaintiff.

Lawrence J. O'Keefe, City Solicitor, for the defendant.

The following submitted briefs for amici curiae:

Daniel J. Popeo & Paul D. Kamenar, of the District of Columbia, for Washington Legal Foundation.

Richard S. Emmet for Conservation Law Foundation & another.

John D. Echeverria & Sharon Dennis, of the District of Columbia, for National Audubon Society.

Scott Harshbarger, Attorney General, & Stephen Dick, Assistant Attorney General, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH & GREANEY, JJ.

WILKINS, J.

We consider this case on remand from the Supreme Court of the United States in light of that Court's opinion in Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886 (1992).2 In its Lucas opinion, the Supreme Court held that a landowner was entitled to compensation for a taking when a zoning regulation effectively prohibited all economically beneficial use of...

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